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Article 7: Stormwater Management
Section 7.6. Illicit Discharges and Connections
7.6.5. Enforcement
June 23, 2017
Morrisville, NC
Page 7-20
Unified Development Ordinance
to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in
subsection 7.6.5. below.
(Ord. No. 2014-006, 05/27/2014)
7.6.5.
Enforcement
A.
Authority to Enter
Any authorized town personnel shall be permitted to enter upon public or private property for the
purposes of observation, inspection, sampling, monitoring, testing, surveying, and measuring compliance.
No person shall obstruct, hamper, or interfere with any such representative while carrying out his official
duties.
B.
Civil and Criminal Penalties
Illicit Discharges
Any designer, engineer, contractor, agent, or any other person who allows, acts in concert,
participates, directs, or assists directly or indirectly in the creation of a violation of this article shall
be subject to civil penalties as follows:
a.
For first time offenders, if the quantity of the discharge is equal to or less than five gallons and
consists of domestic or household products in quantities considered ordinary for household
purposes, or for any quantity of yard waste or litter, said person shall be assessed a civil
penalty of $100.00 per violation or per day for any continuing violation and if the quantity
of discharge is greater than five gallons or contains non-domestic substances, including but not
limited to process wastewater, or if the person cannot provide clear and convincing evidence
of the volume and nature of the substance discharged, said person shall be assessed a civil
penalty of $1,000.00 per violation or per day for any continuing violation.
b.
For repeat offenders, the amount of the penalty shall be double the amount assessed for the
previous penalty, not to exceed $10,000.00 per violation for any continuing violation.
Illicit Connections
Any person found with an illicit connection in violation of this article and any designer, engineer,
contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists
directly or indirectly in the establishment of an illicit connection in violation of this article shall be
subject to civil penalties as follows:
a.
First time offenders shall be subject to a civil penalty of $500.00 per day of continuing
violation.
b.
Repeat offenders shall be subject to a civil penalty of $1,000.00 per day of continuing
violation.
Procedures for Assessing Civil Penalties
Said penalties shall be assessed by the town manager or his designee. No penalty shall be assessed
until the person alleged to be in violation is served written notice of the violation by registered,
certified mail-return receipt requested, or personal service. Refusal to accept the notice shall not
relieve the violator of the obligation to pay the penalty. The notice shall describe the violation with
particularity and specify the measures needed to come into compliance. The notice shall designate
the time within which such measures must be completed. The notice shall warn that failure to correct
the violation within the specified time period will result in the assessment of additional civil penalties.
Payment/Collection Procedures
Penalties shall be assessed by the town manager or his designee after proper notice has been
served as described in subsection (b)(3) above. The town manager or designee shall make written
demand for payment upon the person in violation. If payment is not received within 30 days after